Wisconsin DNR notifies Enbridge of alleged violations on Line 5 reroute
Enbridge says about 2,000 barrels, or 84,000 gallons, of natural gas liquids are contained at the site of a gas leak that began Tuesday on Sitan Road in Iron County. The Canadian energy firm has brought in equipment to burn off the remaining gas in a controlled manner. (Photo courtesy of Enbridge)
Aerial view of bypass and remediation site captured Sept. 13 in Iron County, Wisconsin. (Photo courtesy of Enbridge)
Enbridge says about 2,000 barrels, or 84,000 gallons, of natural gas liquids are contained at the site of a gas leak that began Tuesday on Sitan Road in Iron County. The Canadian energy firm has brought in equipment to burn off the remaining gas in a controlled manner. (Photo courtesy of Enbridge)
Aerial view of bypass and remediation site captured Sept. 13 in Iron County, Wisconsin. (Photo courtesy of Enbridge)
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Wisconsin environmental regulators have notified Enbridge of seven alleged violations of state environmental laws and permits on a $1 billion project to reroute its Line 5 oil and gas pipeline in northern Wisconsin.
The Wisconsin Department of Natural Resources issued a formal notice of violation in a letter Tuesday to Enbridge Energy Company Inc. The company has been building a new 41-mile stretch of Line 5 in Ashland and Iron counties. The letter covers alleged violations to state laws that govern water quality, navigable waterways, wetlands, air quality, stormwater runoff and endangered resources protections.
The DNR alleges the violations took place from March 30 through Sept. 21. They include violations of state air laws stemming from an Aug. 25 gas leak in the town of Saxon that released more than 1.3 million gallons of natural gas liquids into the air. WPR previously reported it's the state's largest oil and gas pipeline spill.
Preliminary findings show a subcontractor's flatbed truck was placed in neutral when it rolled into an open construction trench on the Line 5 project, striking and rupturing the pipeline. While no injuries occurred, the DNR noted the leak caused significant disruption to the area.
"Enbridge caused significant air pollution, and did not use good operating practices nor take reasonable precautions to prevent the release from occurring," wrote David Hon, the DNR's environmental enforcement specialist.
In a statement, Enbridge spokesperson Juli Kellner said the company is reviewing the notice of alleged violation from the DNR.
"Enbridge has worked closely with the WDNR through the permitting process and construction of the Line 5 Segment Relocation Project as well as with the response to the line strike incident near Saxon," Kellner said.
The violations also include unpermitted construction of a temporary bypass around the site of the gas leak on or about Sept. 7.
"Enbridge placed timber matting directly in wetlands and unauthorized placement of clear span bridges over navigable waterways, knowing these activities were conducted for the temporary bypass without required authorizations," Hon wrote.
Enbridge had previously said it built the bypass in compliance with existing permits and an application to make changes to its stormwater permit.
The DNR has alleged seven types of violations, which often occurred multiple times. For example, the agency documented 18 instances where the company violated conditions of its waterways and wetlands permit between May 13 and Sept. 25.
The violations included drilling fluid spills that entered wetlands or waterways. The agency is also alleging Enbridge violated endangered resources requirements and failed to install and maintain proper erosion controls.
The DNR said it would continue to review incidents that occurred after Sept. 21 and any future incidents. On Sept. 28, Enbridge also reported the flow of groundwater at a site where crews were installing pipe underneath the Marengo River. The DNR is now investigating the source of the release and whether an aquifer breach occurred.
The DNR added that the notice of violation is separate from the company's responsibility under the state's spills law to clean up hazardous substances that were released into the environment as of the Aug. 25 gas leak. The agency has named Enbridge a responsible party and ordered the company to investigate and clean up the spill.
The DNR has set an enforcement conference to discuss the alleged violations for Oct. 26. The agency may refer violations to the Wisconsin Department of Justice. The company faces fines of up to $25,000 per day of violation.
State Rep. Angela Stroud, D-Ashland, applauded the agency's enforcement action. However, she said the maximum penalty for violations of state air pollution laws are too low and haven't been updated in decades.
"I'm shocked to see that the maximum penalty under our air pollution law is $25,000 per day. I've looked into this, and the penalty hasn't been changed since it was established in 1979," Stroud said. "Adjusted for inflation, this would be about $122,000. Federal penalties keep pace with inflation, and the same should be true in our state."
Stroud laid blame with the Republican-controlled Legislature, urging lawmakers to empower the DNR to hold corporate polluters accountable. WPR has reached out to GOP leaders for comment.
The pipeline carries up to 23 million gallons of crude oil and natural gas liquids daily from Superior to Sarnia, Ontario. It runs through the Upper Peninsula, including Dickinson and Iron counties, and under water in the Straits of Mackinac to reach Lower Michigan.
Enbridge has said Line 5 serves 10 refineries and propane facilities that provide fuel to millions in the Midwest and Great Lakes region.
Environmental advocates and Bad River Tribal Chairwoman Liz Arbuckle have been calling on Gov. Tony Evers and the DNR to do more in response to the Aug. 25 spill and other incidents. They want the agency to revoke permits for the Line 5 project.
Roughly two-thirds of the $1 billion project has already been built. The project employs 700 workers.
Enbridge proposed the Line 5 reroute after the Bad River tribe sued the company in 2019 to shut down and remove the pipeline from tribal lands where easements had expired.
Three years ago, a federal judge found the company was trespassing on the Bad River reservation and ordered Enbridge to pay roughly $5 million and shut down or reroute Line 5. The tribe and Enbridge appealed the decision.
In August, a federal appeals panel ruled that Enbridge has been trespassing and must remove the pipeline from the Bad River reservation. However, it gave the company more time to complete the Line 5 reroute.
On Monday, Enbridge said an early morning fire destroyed a drill rig and support equipment on a $1 billion project to reroute its Line 5 oil and gas pipeline in northern Wisconsin.
In a statement, Enbridge spokesperson Kellner called the fire that damaged a horizontal directional drill rig and related equipment an act of vandalism. She said graffiti also was found at the site. No details were provided on where the fire took place, but Kellner said no injuries were reported.
Iron County Sheriff Paul Samardich confirmed the blaze occurred in Ashland County. The Ashland County Sheriff's Office did not immediately respond to requests for additional details on the fire.
The incident came after two other fires targeting Enbridge that occurred in September, including a blaze in Ashland County that destroyed a drill rig on the Line 5 reroute.